Union Bank of Trenton v. Dillon

• Citation: 75 Mo. 380
• Parties: THE UNION BANK OF TRENTON v. DILLON et al., Appellants.
• Decision Date: 30 April 1882
• Court: United States State Supreme Court of Missouri

75 Mo. 380

THE UNION BANK OF TRENTON

v.DILLON et al., Appellants.

Supreme Court of Missouri.

April Term, 1882.

Appeal from Mercer Circuit Court.--HON. G. D. BURGESS, Judge.

Hall & Harber for appellants.

DeBolt & Winslow for respondent.

HOUGH, J.

This is an action by attachment, in which Frances A. Dillon was summoned as garnishee, and filed answer stating that she had no property, money or effects of any character belonging to the defendant in her possession or under her control, and that she was not indebted to the defendant in any sum then due, or to become due; that about the 1st day of January, 1877, she purchased the defendant's interest in his father's estate for the sum of $1,200, and for $1,080 of that sum she executed four promissory notes to said defendant, which were by him transferred to various parties as collateral security for money borrowed by him; that before the service of the garnishment, the defendant became insolvent, and said garnishee became and was liable to the persons holding said notes as collateral security for the amount of their debts; and that defendant was indebted to her in the sum of $280 for certain property furnished by her to the defendant, and for rent.

To this answer the plaintiff filed the following denial:

Comes now the plaintiff, and for denial to the answer of Frances A. Dillon, garnishee in this cause, states that on or about January 1st, 1877, Frances A. Dillon purchased of Wm. F. Dillon, the defendant, all his interest of, in and to the estate of his father, Wm. P. Dillon, deceased, for which she then and there agreed to pay said Wm. F. Dillon the price and sum of $1,200, for which Frances A. Dillon and J. R. Dillon executed and delivered to said Wm. F. Dillon their four promissory notes, by which they promised, for value received, to pay said Wm. F. Dillon the sum of $1,080, which notes cannot be here filed because they are held by the order, and are under the control, of the circuit court of Grundy county, and are not in the possession of the plaintiff. One of said notes is for $275, dated January 1st, 1877, due twelve months after date; one for $275, dated March 1st, 1877, due in twelve months after date; one for $350, dated August 1st, 1877, due in one year after date; one for $180, dated September 15th, 1877--all bearing interest from date at ten per cent, all of which said notes, and all the purchase money for said estate, is yet due the defendant, and for which plaintiff asks judgment. Plaintiff for further denial of said answer, denies each...